KUALA LUMPUR: The High Court today dismissed a preliminary objection by court-appointed administrators managing the RM1.6 billion estate of the late Lim Siew Kim, the daughter of Genting founder Tan Sri Lim Goh Tong.

Judge Mahazan Mat Taib ruled in favour of Siew Kim’s son, Marcus Chan Jau Chwen, who is seeking the removal of the administrators over alleged misconduct and non-compliance with court orders.

The judge held that arguments by counsel B. Thangaraj, representing the administrators, were misconceived. Thangaraj had claimed that Marcus introduced new factual allegations in his written submissions.

“Marcus relies on evidence and exhibits already before the court to argue that certain payments were not made from the trust account as provided in the order. This constitutes a submission based on documents already on record and does not amount to the introduction of new evidence,” Mahazan said.

Following the ruling, the court proceeded with the hearing for the removal application, which is scheduled to continue on March 4.

Siew Kim died of cancer in July 2022 at the age of 73. Her estate has been managed by administrators pendente lite amid a family dispute over the validity of her will.

On Nov 27, 2023, the High Court appointed lawyer Datuk Satharuban Sivasubramaniam and Khoo Siew Kiat as administrators.

This followed a probate suit filed by Siew Kim’s daughters, Chan T’shiao Li and Kimberly Chan T’shiao Miin, challenging a will purportedly executed on April 28, 2022.

Marcus, a 30 per cent beneficiary of the residuary estate, is seeking to remove the administrators.

He alleges that estate funds were depleted through wrongful payments and that certain disbursements were made from individual bank accounts instead of consolidated trust accounts.

He further claimed the administrators interfered in the management of estate-linked companies and nearly caused the estate to pay RM4.73 million in assessments for Prominview Sdn Bhd, despite the liability allegedly resting with a joint venture partner.

Other complaints include the lodging of private caveats and undertaking property valuations without the authority to distribute or dispose of assets.

On Jan 23, Marcus obtained an ad interim injunction restraining the administrators from acting for the estate pending the disposal of the removal application.

Marcus was represented by Goik Kenwayne, Foong Kar Yee, and Datuk Kamarul Hisham Kamaruddin.